ADJUDICATION OF MALE CODEFENDANTS - AN APPLICATION OF SOCIETAL REACTION THEORY (FROM COURTS AND DIVERSIONS POLICY AND OPERATIONS STUDIES, 1979, BY PATRICIA BRANTINGHAM AND THOMAS G BLOMBERG - SEE NCJ-62483)

• NCJ Number: 62488
• Author(s): C L FENSTER
• Date Published: 1979
• Length: 13 pages
• Grant Number(s): 78-NI-AZ-0029
• Sponsoring Agency: US Dept of Justice
• Corporate Author: Sage Publications, Inc
• Publication Format: Document
• Publication Type: Statistics
• Language: English
• Country: United States of America

Annotation

THE ADJUDICATION OF MALE CODEFENDANTS IN DENVER, COLO., IS EXPLORED IN TERMS OF RELEVANT VARIABLES FOR THE PURPOSE OF IMPROVING UPWARD POLICYMAKING.

Abstract

PERSONS STUDYING PRIMARY DEVIANCE INDICATE CONCERN WITH THE DELIMITATION OF FACTORS THAT AFFECT THE DECISIONS OFFICIALS MAKE IN COURTS AS THEY CONFER DEVIANT STATUS UPON THEIR CLIENTS. SOCIETAL REACTION OR LABELING THEORY ASSERTS THAT THREE CATEGORIES OF VARIABLES INFLUENCE THE LABELING PROCESS INCLUDING CHARACTERISTICS OF THE OFFENSE, CHARACTERISTICS OF THE OFFENDER, AND VARIABLES RELATED TO THE ORGANIZATIONAL PROCESSING. IN THIS STUDY, THE SAMPLE CONSISTS OF 108 RANDOMLY SELECTED PAIRS OF MALE CODEFENDANTS WHOSE FELONY CASES OF ROBBERY, BURGLARY, ASSAULT, LARCENY-THEFT, AND DRUGS WERE FILED IN DENVER DISTRICT COURT FROM JANUARY 1972 THROUGH DECEMBER 1975. THE STUDY FOCUSES ON TWO SEQUENTIAL STAGES IN THE LEGAL PROCESSING, BAIL AND FINAL DISPOSITION. THE CATEGORY OF CHARACTERISTICS OF THE OFFENDER IS DIVIDED INTO SOCIAL ATTRIBUTES SUCH AS AGE, RACE, EDUCATION, MARITAL STATUS, EMPLOYMENT STATUS, AND PRIOR CRIMINAL RECORD. THE DATA ARE ANALYZED USING STEPWISE MULTIPLE REGRESSION ANALYSIS PROCEDURES WITH NOMINAL VARIABLES CODED AS DUMMY VARIABLES. DATA ANALYSIS SHOWED THAT THE NOTION OF INDIVIDUALIZED TREATMENT PREVAILS IN COURT. CODEFENDANTS WERE TREATED IDENTICALLY 35 PERCENT OF THE TIME IN THE BAIL RELEASE DECISIONS AND ONLY 23 PERCENT OF THE TIME IN THE FINAL DISPOSITION STAGE. CHARACTERISTICS OF THE OFFENSE DID NOT EXPLAIN ALL OF THE VARIANCE AT EITHER THE BAIL OR FINAL STAGE. THE SOCIETAL REACTION EMPHASIS UPON THE CHARACTERISTICS OF THE OFFENDER IS SUPPORTED BY THE DATE; PRIOR CRIMINAL RECORD IS THE MOST SIGNIFICANT PREDICATOR OF LABELING AT BOTH STAGES. THE MOST UNEXPECTED FINDING IS THAT NONE OF THE ORGANIZATIONAL VARIABLES ACHIEVED SIGNIFICANCE AT EITHER STAGE. THE MOST SIGNIFICANT CONCLUSION IS THAT THE IMPORTANT VARIABLES ARE NOT THE SAME FOR BOTH DECISIONS. SUCH A FINDING EMPHASIZES THE NEED TO STUDY THE PROCESS OF LABELING IN THE COURTS AS A SERIES OF SEQUENTIAL DECISIONMAKING STAGES RATHER THAN FOCUSING ON ISOLATED STAGES. STATISTICAL TABULAR DATA AND REFERENCES ARE INCLUDED IN THE CHAPTER. (LWM)